Certain Cased Pencils From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision

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On August 30, 2011, the United States Court of International Trade ("CIT") sustained the Department of Commerce's ("the Department") results of redetermination as applied to respondent Shandong Rongxin Import & Export Co., Ltd. ("Rongxin") pursuant to the CIT's remand order in Shandong Rongxin Import & Export Co., Ltd. v. United States, Court No. 09-00316, Slip Op. 11-45 (Ct. Int'l Trade April 21, 2011) ("Shandong Rongxin I"). See Final Results of Redetermination Pursuant to Remand, Court No. 09-00316, dated August 4, 2011, available at http://ia.ita.doc.gov/remands ("Second Remand Results"); Shandong Rongxin Import & Export Co., Ltd. v. United States, Court No. 09-00316, Slip Op. 11-105 (Ct. Int'l Trade August 30, 2011) ("Shandong Rongxin II"). Consistent with the decision of the United States Court of Appeals for the Federal Circuit ("CAFC") in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) ("Timken"), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) ("Diamond Sawblades"), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final determination and is amend